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Supreme Court makes it harder for EPA to police sewage discharges
Business |
2025/03/07 07:26
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A divided Supreme Court on Tuesday made it harder for environmental regulators to limit water pollution, ruling for San Francisco in a case about the discharge of raw sewage that sometimes occurs during heavy rains.
By a 5-4 vote, the court’s conservative majority ruled that the Environmental Protection Agency overstepped its authority under the Clean Water Act with water pollution permits that contain vague requirements for maintaining water quality.
The decision is the latest in which conservative justices have reined in pollution control efforts.
Justice Samuel Alito wrote for the court that EPA can set specific limits that tell cities and counties what can be discharged. But the agency lacks the authority “to include ‘end-result’ provisions,” Alito wrote, that make cities and counties responsible for maintaining the quality of the water, the Pacific Ocean in this case, into which wastewater is discharged.
“When a permit contains such requirements, a permittee that punctiliously follows every specific requirement in its permit may nevertheless face crushing penalties if the quality of the water in its receiving waters falls below the applicable standards,” he wrote.
One conservative justice, Amy Coney Barrett, joined the court’s three liberals in dissent. Limits on discharges sometimes still don’t insure water quality standards are met, Barrett wrote.
“The concern that the technology-based effluent limitations may fall short is on display in this case,” Barrett wrote, adding that “discharges from components of San Francisco’s sewer system have allegedly led to serious breaches of the water quality standards, such as ‘discoloration, scum, and floating material, including toilet paper, in Mission Creek.’”
The case produced an unusual alliance of the liberal northern California city, energy companies and business groups.
The EPA has issued thousands of the permits, known as narrative permits, over several decades, former acting general counsel Kevin Minoli said.
The narrative permits have operated almost as a backstop in case permits that quantify what can be discharged still result in unacceptable water quality, Minoli said.
With the new restrictions imposed by the court, “the question is what comes in place of those limits,” Minoli said.
Alito downplayed the impact of the decision, writing that the agency has “the tools needed” to insure water quality standards are met.
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Musk gives all federal workers 48 hours to explain what they did last week
Business |
2025/02/23 10:04
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Hundreds of thousands of federal workers have been given little more than 48 hours to explain what they accomplished over the last week, sparking confusion across key agencies as billionaire Elon Musk expands his crusade to slash the size of federal government.
Musk, who serves as President Donald Trump’s cost-cutting chief, telegraphed the extraordinary request on his social media network on Saturday.
“Consistent with President @realDonaldTrump’s instructions, all federal employees will shortly receive an email requesting to understand what they got done last week,” Musk posted on X, which he owns. “Failure to respond will be taken as a resignation.”
Shortly afterward, federal employees — including some judges, court staff and federal prison officials — received a three-line email with this instruction: “Please reply to this email with approx. 5 bullets of what you accomplished last week and cc your manager.”
The deadline to reply was listed as Monday at 11:59 p.m., although the email did not include Musk’s social media threat about those who fail to respond.
The latest unusual directive from Musk’s team injects a new sense of chaos across beleaguered multiple agencies, including the National Weather Service, the State Department and the federal court system, as senior officials worked to verify the message’s authenticity Saturday night and in some cases, instructed their employees not to respond.
Thousands of government employees have already been forced out of the federal workforce — either by being fired or offered a buyout — during the first month of Trump’s administration as the White House and Musk’s so-called Department of Government Efficiency fire both new and career workers, tell agency leaders to plan for “large-scale reductions in force” and freeze trillions of dollars in federal grant funds.
There is no official figure available for the total firings or layoffs so far, but The Associated Press has tallied hundreds of thousands of workers who are being affected. Many work outside of Washington. The cuts include thousands at the Departments of Veterans Affairs, Defense, Health and Human Services, the Internal Revenue Service and the National Parks Service, among others.
Labor union leaders quickly condemned the ultimatum and threatened legal action.
AFGE President Everett Kelley called the new order an example of Trump and Musk’s “utter disdain for federal employees and the critical services they provide to the American people.”
“It is cruel and disrespectful to hundreds of thousands of veterans who are wearing their second uniform in the civil service to be forced to justify their job duties to this out-of-touch, privileged, unelected billionaire who has never performed one single hour of honest public service in his life,” Kelley said. “AFGE will challenge any unlawful terminations of our members and federal employees across the country.”
Musk on Friday celebrated his new role at a gathering of conservatives by waving a giant chainsaw in the air. He called it “the chainsaw for bureaucracy” and said, “Waste is pretty much everywhere” in the federal government.
McLaurine Pinover, a spokesperson at the Office of Personnel Management, confirmed Musk’s directive and said that individual agencies would “determine any next steps.”
What happens if an employee is on leave or vacation? Again, she said individual agencies would determine how to proceed.
In a message to employees on Saturday night, federal court officials instructed recipients not to respond.
“We understand that some judges and judiciary staff have received an email ... directing the recipient to reply with 5 accomplishments from the prior week. Please be advised that this email did not originate from the Judiciary or the Administrative Office and we suggest that no action be taken,” officials wrote.
Judges around the country got emails from Musk’s team in late January, apparently by mistake, U.S. District Judge Randolph Daniel Moss said earlier this month. Moss said he’d also gotten a message and ignored it.
The National Weather Service leadership acknowledged some confusion in a message to its employees late Saturday as well.
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Trump signs order imposing sanctions on International Criminal Court
Business |
2025/02/13 19:35
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President Donald Trump signed an executive order imposing sanctions on the International Criminal Court over investigations of Israel, a close U.S. ally.
Neither the U.S. nor Israel is a member of or recognizes the court, which has issued an arrest warrant for Israeli Prime Minister Benjamin Netanyahu for alleged war crimes over his military response in Gaza after the Hamas attack against Israel in October 2023. Tens of thousands of Palestinians, including children, have been killed during the Israeli military’s response.
The order Trump signed Thursday accuses the ICC of engaging in “illegitimate and baseless actions targeting America and our close ally Israel” and of abusing its power by issuing “baseless arrest warrants” against Netanyahu and his former defense minister, Yoav Gallant.
“The ICC has no jurisdiction over the United States or Israel,” the order states, adding that the court had set a “dangerous precedent” with its actions against both countries.
Trump’s action came as Netanyahu was visiting Washington. He and Trump held talks Tuesday at the White House, and Netanyahu spent some of Thursday meeting with lawmakers on Capitol Hill.
The order says the U.S. will impose “tangible and significant consequences” on those responsible for the ICC’s “transgressions.” Actions may include blocking property and assets and not allowing ICC officials, employees and relatives to enter the United States.
Human rights activists said sanctioning court officials would have a chilling effect and run counter to U.S. interests in other conflict zones where the court is investigating.
“Victims of human rights abuses around the world turn to the International Criminal Court when they have nowhere else to go, and President Trump’s executive order will make it harder for them to find justice,” said Charlie Hogle, staff attorney with American Civil Liberties Union’s National Security Project. “The order also raises serious First Amendment concerns because it puts people in the United States at risk of harsh penalties for helping the court identify and investigate atrocities committed anywhere, by anyone.”
Hogle said the order “is an attack on both accountability and free speech.”
“You can disagree with the court and the way it operates, but this is beyond the pale,” Sarah Yager, Washington director of Human Rights Watch, said in an interview prior to the announcement.
Like Israel, the U.S. is not among the court’s 124 members and has long harbored suspicions that a global court could arbitrarily prosecute U.S. officials. A 2002 law authorizes the Pentagon to liberate any American or U.S. ally held by the court. In 2020, Trump sanctioned chief prosecutor Karim Khan’s predecessor, Fatou Bensouda, over her decision to open an inquiry into war crimes committed by all sides, including the U.S., in Afghanistan.
However, those sanctions were lifted under President Joe Biden, and the U.S. began to tepidly cooperate with the tribunal ? especially after Khan in 2023 charged Russian President Vladimir Putin with war crimes in Ukraine.
Driving that turnaround was Sen. Lindsey Graham, R-S.C., who organized meetings in Washington, New York and Europe between Khan and GOP lawmakers who have been among the court’s fiercest critics. |
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Trump order aims to end federal support for gender transitions for those under 19
Business |
2025/01/29 08:04
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President Donald Trump on Tuesday signed an executive order aimed at cutting federal support for gender transitions for people under age 19, his latest move to roll back protections for transgender people across the country.
“It is the policy of the United States that it will not fund, sponsor, promote, assist, or support the so-called ‘transition’ of a child from one sex to another, and it will rigorously enforce all laws that prohibit or limit these destructive and life-altering procedures,” the order says.
The order directs that federally-run insurance programs, including TRICARE for military families and Medicaid, exclude coverage for such care and calls on the Department of Justice to vigorously pursue litigation and legislation to oppose the practice.
Medicaid programs in some states cover gender-affirming care. The new order suggests that the practice could end, and targets hospitals and universities that receive federal money and provide the care.
The language in the executive order — using words such as “maiming,” “sterilizing” and “mutilation” — contradicts what is typical for gender-affirming care in the United States. It also labels guidance from the World Professional Association for Transgender Health as “junk science.”
On his Truth Social platform, Trump called gender-affirming care “barbaric medical procedures.”
Major medical groups such as the American Medical Association and the American Academy of Pediatrics support access to care.
Young people who persistently identify as a gender that differs from their sex assigned at birth are first evaluated by a team of professionals. Some may try a social transition, involving changing a hairstyle or pronouns. Some may later also receive puberty blockers or hormones. Surgery is extremely rare for minors.
“It is deeply unfair to play politics with people’s lives and strip transgender young people, their families and their providers of the freedom to make necessary health care decisions,” said Human Rights Campaign President Kelley Robinson.
The order encourages Congress to adopt a law allowing those who receive gender-affirming care and come to regret it, or their parents, to sue the providers.
It also directs the Justice Department to prioritize investigating states that protect access to gender-affirming care and “facilitate stripping custody from parents” who oppose the treatments for their children. Some Democratic-controlled states have adopted laws that seek to protect doctors who provide gender-affirming care to patients who travel from states where it’s banned for minors. |
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New report outlines risks of artificial intelligence in early stages
Business |
2025/01/25 08:04
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Advanced artificial intelligence systems have the potential to create extreme new risks, such as fueling widespread job losses, enabling terrorism or running amok, experts said in a first-of-its-kind international report Wednesday cataloging the range of dangers posed by the technology.
The International Scientific Report on the Safety of Advanced AI is being released ahead of a major AI summit in Paris next month. The paper is backed by 30 countries including the U.S. and China, marking rare cooperation between the two countries as they battle over AI supremacy, highlighted by Chinese startup DeepSeek stunning the world this week with its budget chatbot in spite of U.S. export controls on advanced chips to the country.
The report by a group of independent experts is a “synthesis” of existing research intended to help guide officials working on drawing up guardrails for the rapidly advancing technology, Yoshua Bengio, a prominent AI scientist who led the study, told the Associated Press in an interview.
“The stakes are high,” the report says, noting that while a few years ago the best AI systems could barely spit out a coherent paragraph, now they can write computer programs, generate realistic images and hold extended conversations.
While some AI harms are already widely known, such as deepfakes, scams and biased results, the report said that “as general-purpose AI becomes more capable, evidence of additional risks is gradually emerging” and risk management techniques are only in their early stages.
It comes amid warnings this week about artificial intelligence from the Vatican and the group behind the Doomsday Clock.
The report focuses on general purpose AI, typified by chatbots such as OpenAI’s ChatGPT used to carry out many different kinds of tasks. The risks fall into three categories: malicious use, malfunctions and widespread “systemic” risks.
Bengio, who with two other AI pioneers won computer science’s top prize in 2019, said the 100 experts who came together on the report don’t all agree on what to expect from AI in the future. Among the biggest disagreements within the AI research community is the timing of when the fast-developing technology will surpass human capabilities across a variety of tasks and what that will mean.
“They disagree also about the scenarios,” Bengio said. “Of course, nobody has a crystal ball. Some scenarios are very beneficial. Some are terrifying. I think it’s really important for policymakers and the public to take stock of that uncertainty.”
Researchers delved into the details surrounding possible dangers. AI makes it easier, for example, to learn how to create biological or chemical weapons because AI models can provide step by step plans. But it’s “unclear how well they capture the practical challenges” of weaponizing and delivering the agents, it said. |
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Rudy Giuliani is in contempt of court in $148 million defamation case
Business |
2025/01/05 07:59
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Rudy Giuliani was found in contempt of court Monday for failing to properly respond to requests for information as he turned over assets to satisfy a $148 million defamation judgment granted to two Georgia election workers.
Judge Lewis J. Liman ruled after hearing Giuliani testify for a second day at a contempt hearing called after lawyers for the election workers said the former New York City mayor had failed to properly comply with requests for evidence over the last few months.
Liman said Giuliani “willfully violated a clear and unambiguous order of this court” when he “blew past” a Dec. 20 deadline to turn over evidence that would help the judge decide at a trial later this month whether Giuliani can keep a Palm Beach, Florida, condominium as his residence or must turn it over because it is deemed a vacation home.
Because Giuliani failed to reveal the full names of his doctors, a complete list of them, or of his other professional services providers, the judge said he will conclude at trial that none of them were in Florida or had been changed after Jan. 1, 2024. That was the date Giuliani says he established Palm Beach as his permanent residence.
Liman also excluded Giuliani from offering testimony about emails or text messages to establish that his homestead was in Florida.
The judge said Giuliani produced only a dozen and a half “cherry picked” documents and no phone records, emails or texts related to his homestead. He said he can also make inferences during the trial about “gaps” in evidence that resulted from Giuliani’s failure to turn over materials.
Liman said he would withhold judgment on other possible sanctions.
On Friday, Giuliani testified for about three hours in Liman’s Manhattan courtroom, but the judge permitted him to finish testifying remotely on Monday for over two hours from his Palm Beach condominium. By the time the judge issued his oral ruling, Giuliani was no longer present at all.
Joseph Cammarata, Giuliani’s attorney, noted in an email afterward that the election workers were not in the courtroom either and he called the outcome “no surprise.”
“This case is about lawfare and the weaponization of the legal system in New York City,” he said.
Cammarata said the state criminal case against President-elect Donald Trump and the civil litigation against Giuliani were “very similar. It’s the left wing Democrats trying to use liberal Judges in New York to win when they should lose on the merits.”
At the start of the hearing, Giuliani appeared before an American flag backdrop, which he said he uses for a program he conducts over the internet, but the judge told him to change it to a plain background. He also at one point held up his grandfather’s heirloom pocket watch and said he was ready to relinquish.
Giuliani conceded that he sometimes did not turn over everything requested in the case because he believed what was being sought was overly broad, inappropriate or even a “trap” set by lawyers for the plaintiffs.
He also said he sometimes had trouble turning over information regarding his assets because of numerous criminal and civil court cases requiring him to produce factual information.
Liman labeled one of Giuliani’s claims “preposterous” and said that being suspicious of the intent of lawyers for the election workers was “not an excuse for violating court orders.”
Giuliani, 80, said the demands made it “impossible to function in an official way” about 30% to 40% of the time.
After the ruling, the former mayor issued a statement through his publicist saying it was “tragic to watch as our justice system has been turned into a total mockery, where we have charades instead of actual hearings and trials.”
The election workers’ lawyers say Giuliani has displayed a “consistent pattern of willful defiance” of Liman’s October order to give up assets after he was found liable in 2023 for defaming their clients by falsely accusing them of tampering with ballots during the 2020 presidential election. |
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Small businesses brace themselves for potentially disruptive TikTok ban
Business |
2025/01/01 19:40
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A looming TikTok ban could affect the millions of small businesses that use the short-video social media app to help them grow their business.
Desiree Hill, owner of Crown’s Corner Mechanic in Conyers, Georgia, started her business solo as a mobile mechanic. Sharing videos of her work on TikTok helped spread the word and she became so popular she was able to open a 9,000 square foot brick and mortar shop with five employees 18 months ago.
“Every day I get at least two to three customers that have seen me on TikTok, watched my videos and wanted to become a customer,” she said.
Though TikTok has been around only since 2016, small business owners use the platform in a variety of ways, from growing a customer base to advertising and marketing, as well as selling goods directly from the site.
According to TikTok’s own estimates, small businesses on TikTok would lose more than $1 billion in revenue in a single month if the ban goes into effect.
The Justice Department ordered the app’s China-based parent company, ByteDance, to sell TikTok or face a U.S. ban by Jan. 19, citing security concerns. The Supreme Court will take up the matter in January. President-elect Donald Trump, who takes office Jan. 20, has asked the Supreme Court for a delay.
If a ban does occur, small businesses will have to migrate to other platforms to find their customers. Instagram Reels, SnapChat and YouTube Shorts are alternatives. The good news is brands likely already have a presence there. But it may be harder to reach teens that have made TikTok their preferred social media app.
Another alternative is to build a strong database of customers that opt in to providing contact emails or phone numbers. That lets owners reach out directly to customers with promotions and other marketing messages.
But Crown Corner Mechanic’s Hill said she is worried that other sites may not have the reach that TikTok does. She has a presence on YouTube, Instagram and Facebook, but it’s not the same, she said. |
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Class action or a representative action is a form of lawsuit in which a large group of people collectively bring a claim to court and/or in which a class of defendants is being sued. This form of collective lawsuit originated in the United States and is still predominantly a U.S. phenomenon, at least the U.S. variant of it. In the United States federal courts, class actions are governed by Federal Rules of Civil Procedure Rule. Since 1938, many states have adopted rules similar to the FRCP. However, some states like California have civil procedure systems which deviate significantly from the federal rules; the California Codes provide for four separate types of class actions. As a result, there are two separate treatises devoted solely to the complex topic of California class actions. Some states, such as Virginia, do not provide for any class actions, while others, such as New York, limit the types of claims that may be brought as class actions. They can construct your law firm a brand new website, lawyer website templates and help you redesign your existing law firm site to secure your place in the internet. |
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